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1.0 Application Number 2/2019/0318/OUT Site address - Land off Haywards Lane (West of Allen Close) Child Okeford Dorset Proposal - Develop land by the erection of up to 26 No. dwellings, form vehicular and pedestrian access. (Outline application to determine access). Applicant name - ELT Bournemouth Ltd Case Officer – Robert Lennis Ward Members –Cllr Sherry Jespersen Taking account of the comments made by the Parish Council, the Head of Service considers that under the provisions of Dorset Council’s constitution this application should be determined by the Area Planning Committee. 2.0 Summary of Recommendation: Delegate authority to Head of Planning to GRANT permission subject to a s.106 agreement to address: - 40% affordable housing - Community leisure and indoor sports facilities - Primary school contribution - Secondary school contribution - Formal outdoor sports - Formal outdoor sports maintenance - Informal outdoor space - Informal outdoor space maintenance - Multi use games area - Destination Play maintenance - Local Area of Play (LAP) - Local Equipped Area of Play (LEAP) - Rights of Way contributions/enhancements - Allotments (onsite provision & maintenance) and the conditions (and their reasons) listed at the end of the report. 3.0 Reason for the recommendation: The Council cannot demonstrate a five year housing land supply The proposal would contribute towards the Council’s 5 year housing land supply Para 11 of the National Planning Policy Framework (NPPF) sets out that permission should be granted for sustainable development unless specific policies in the NPPF indicate otherwise. None have been identified The location is considered to be sustainable despite its position outside of the settlement boundary
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Page 1: 1.0 Application Number Dorset – 2/2019/0318/OUT …...1.0 Application Number – 2/2019/0318/OUT Site address - Land off Haywards Lane (West of Allen Close) Child Okeford Dorset

1.0 Application Number – 2/2019/0318/OUTSite address - Land off Haywards Lane (West of Allen Close) Child Okeford DorsetProposal - Develop land by the erection of up to 26 No. dwellings, form vehicular and pedestrian access. (Outline application to determine access).Applicant name - ELT Bournemouth LtdCase Officer – Robert Lennis Ward Members –Cllr Sherry Jespersen

Taking account of the comments made by the Parish Council, the Head of Service considers that under the provisions of Dorset Council’s constitution this application should be determined by the Area Planning Committee.

2.0 Summary of Recommendation:

Delegate authority to Head of Planning to GRANT permission subject to a s.106 agreement to address:

- 40% affordable housing- Community leisure and indoor sports facilities- Primary school contribution- Secondary school contribution - Formal outdoor sports - Formal outdoor sports maintenance - Informal outdoor space - Informal outdoor space maintenance - Multi use games area - Destination Play maintenance - Local Area of Play (LAP)- Local Equipped Area of Play (LEAP)- Rights of Way contributions/enhancements - Allotments (onsite provision & maintenance)

and the conditions (and their reasons) listed at the end of the report.

3.0 Reason for the recommendation:

The Council cannot demonstrate a five year housing land supply The proposal would contribute towards the Council’s 5 year housing land

supply Para 11 of the National Planning Policy Framework (NPPF) sets out that

permission should be granted for sustainable development unless specific policies in the NPPF indicate otherwise. None have been identified

The location is considered to be sustainable despite its position outside of the settlement boundary

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The development would secure economic and social benefits There are no material considerations which would warrant refusal of this

application

4.0 Table of key planning issues

Issue ConclusionPrinciple of development The principle of development is

considered to be acceptable in light of the lack of 5 year housing land supply and location adjacent to the settlement boundary.

Loss of Agricultural Land The loss of this relatively small parcel of land in the context of the existing use, provision of housing and social/economic benefits is considered to be acceptable.

Scale, design, impact on character and appearance

The application is outline for access consideration only. However an illustrative masterplan demonstrates that it will be possible to respect the character and appearance of the area.

Affordable Housing and s.106 planning obligations

The scheme will deliver a 40% policy compliant level of affordable housing and a plethora of other policy compliant infrastructure contributions.

Access The proposed vehicular access into the site is from Haywards Lane and is afforded adequate visibility splays.

Transport There will be no adverse impacts and the proposed development will deliver a beneficial school pick up/drop off area for the adjacent school.

Landscape There will be negligible impact upon the setting of the AONB.

There will be a small loss of existing hedgerow on the site boundary and within the site. However, some relocation, and additional tree planting can mitigate against this loss.

Impact on Heritage There are no heritage assets within 300m of the site and the lack of intervisibility will result in no harm to their significance.

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Residential Amenity The amenity of adjacent residents can be protected by providing adequate space, respectful orientation between proposed and existing properties, and further tree/hedge planting on boundaries.

Flooding/Drainage The site is wholly in Flood Zone 1 (low risk). Surface water drainage details can be adequately secured by condition.

Ecology Full surveys have been undertaken and impact upon protected species can be mitigated to avoid adverse effects.

Economic benefits Benefits would come from the provision of jobs during construction, future residential expenditure and the New Homes Bonus.

5.0 Description of SiteThe application site consists of two parcels of land measuring circa 1.31 hectares (ha) and is located on the western edge of Child Okeford. Child Okeford is identified as one of the ‘larger’ villages within North Dorset. The larger villages are those with a retained settlement boundary and have been identified as areas for future growth – due to the sustainability credentials of each settlement and the need to meet local housing needs.

The site sits to the north of Haywards Lane (forming the sites southern boundary). The sites northern and eastern boundaries are made up of established residential developments consisting of a mix of pre-war, 40’s, 50’s, and 60’s dwellings. The properties are made up of detached properties (those located within Allen Close) terraced and semi-detached properties (those to the immediate north of the site) located in Greenway and Chalwell. The area to the north of Station Road (the area of Child Okeford situated to the east of the application site) is made up of detached properties within a series of cul-de-sacs.

The site is classed as Grade 2 agricultural land, which is currently used for small scale equestrian purposes and is laid to grass. It has well-established hedge lines running along the site boundary and through the centre of the site. The western site boundary is an established field boundary made up of hedging and a number of mature trees. There are two specimen trees within the site, a mature oak tree (subject to a TPO) lying in the boundary between the two parcels, and a large mature walnut tree situated on the eastern boundary, just north of Allen Close. Both of these trees will be retained in the proposals. The site is mainly flat with a slight slope from West to East.

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The site lies outside of any defined settlement boundary and does not have any site specific designation. It is not within a Conservation area and there are no listed buildings within its setting. The nearest listed building is a Grade II ‘Pilgrims Farm’ approximately 300m to the East along Station Road. Hambledon Hill which lies approximately 800m metres to the east of the village is a Scheduled Ancient Monument.

There is an important view identified in the Child Okeford Village Design Statement which runs through the site out to open countryside through Allen Close.

The site is situated within flood zone 1 (being the lowest risk of flooding).

The site falls outside of the Area of Outstanding Natural Beauty but within the North Blackmore Rolling Vales character area and partly within the Clay Vale character area as described in the North Dorset Landscape Character Assessment (as amended) (2008).

6.0 Description of DevelopmentThe application seeks outline permission (with only access for consideration) to erect up to 26, two storey properties, in a mix of 2, 3 and 4 bedroom properties. The current proposals have been reduced by 6 dwellings from an initial proposal of up to 32 dwellings. It is proposed that the development will be served by a single vehicular access point and pedestrian crossing from Haywards Lane. A parking area for school drop offs/collection with 20 spaces will be provided adjacent to the access and at the closest point to the school entrance.

The applicant has submitted a draft s.106 Agreement/Heads of Terms which would provide the policy compliant 40% affordable dwellings on site and the full range of necessary planning obligations (outlined below).

The indicative layout demonstrates that a policy compliant level of parking can be provided for the proposal. Cycle parking details will be secured by condition.

The site provides an area of circa 0.31 ha of open space and retains the footpath which enters the site from Allen Close and runs to the western site boundary. Although this does not seek to provide access for the future residents, but rather maintain an established right of way through the site for existing residents.

The existing perimeter hedges are retained, save for the area where the access is proposed, and the proposed open space allows for the retention of the centrally located feature Oak tree.

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7.0 Relevant Planning History

There is no relevant planning history associated with the site.

8.0 List of Constraints

Agricultural Land Grade - Grade: GRADE 2

Parish Name - : Child Okeford CP

Ward Name - Ward Name: Hill Forts Ward

9.0 Consultations

Child Okeford PC Consulted on the 8 October 2019, comments were received on the 05 May 2020, 28 May 2020, and 02 June. The comments which set out numerous objections to the proposals can be summarised as follows;

- Changes to the planning application not publically advertised - Premature application in advance of the next local plan- Application lacks detail and clarity- Inconsistent approach to other sites promoted in the village - Loss of agricultural land- Object to any housing on this site as it outside of the settlement boundary- Unsustainable location for development - Excessive distance to the village centre- Insufficient evidence of local need- Out of character with the local area - Lack of assessment on residential amenity impacts- Overshadowing caused by trees in proposed gardens - Contrary to the Child Okeford Village Design Statement- Impact upon protected species - Infrequent bus services and heavy dependence on private cars - Insufficient pedestrian access - Excessive speeding vehicle on Haywards Lane and increased risk of

accidents - Increased parking pressures on the St Nicholas School and nearby

residential roads- No guarantees that the school parking area will be convenient and utilised

by parents- Conflict with agricultural vehicles - Applicant looking to take financial advantage by way of an excessive

development

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- Local healthcare infrastructure already stretched with a high percentage of older people

- Detrimental impact to the AONB- Light pollution- Increased colour and signage - Setting a precedent for further development - Inaccurate Flood Risk Assessment- Increased Flood Risk and inadequate provision for surface water drainage- Lack of s.106 agreement

Urban DesignConsulted on the 13 Mar 2019, their comments dated 11 July 2019 are as follows:

No objection, however raises several areas of concern with regard to the indicative layout;

- The quality of the link through to Allen Close would be severely compromised with dwellings backing onto the footpath (plots 29-32). Development in this form would also create front / rear issues with built form to the north.

- Parking spaces at junction heads should be avoided - Plot size disparities should be revisited

Landscape ArchitectConsulted on the 13 Mar 2019, their comments dated 06 November 2019 are as follows:

Objection based on the following issues;

- Proposed density of 30 dwelling per hectare is out of character compared to the prevailing rural village density of between 10-20 dph.

- One of the key characteristics of Child Okeford is its low density of housing interspersed with significant tree planting. I anticipate that this element of the local landscape character will be degraded by the introduction of a sizeable sub-urban scale development on land that is beyond the main village settlement.

- It would be preferable to see some (if not most) of the existing hedge that crosses the site being retained, as this would provide immediate visual screen and softening of the development.

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Transport Development Management Consulted on the 13 March 2019, their comments 21 April 2020 are as follows:

No objection, subject to conditions.

Drainage Flood Risk Management Consulted on the 14 May 2019, their comments dated 04 April 2019 are as follows;

No objection, subject to conditions.

Wessex WaterConsulted on the 13 Mar 2019, their comments dated 06 November 2019 are as follows:

No objection, WW will undertake a review of the foul sewer network and we will undertake any necessary network improvements to provide foul capacity for permitted development. Developers fund the cost of connecting to the public sewer on a size for size basis and Wessex Water fund any necessary network reinforcement from infrastructure charges income.

Surface water flows to be disposed of in accordance with Suds Hierarchy and NPPF Guidelines. The Flood Risk Assessment & Drainage Strategy (Paul Basham Assoc. Oct 2019) proposes to discharge surface water to an existing ditch at a restricted rate, using infiltration techniques, attenuation and a flow control device. We leave the Lead Local Flood Authority to comment on surface water arrangements and associated flood risk measures.

There is a 250mm public water main in Haywards Lane. A water supply can be made available to the proposed development with new water mains installed under a Section 41 application.

Natural Environment Team Consulted on the 13 Mar 2019, their comments dated Mon 08 Apr 2019 are as follows;

No objection, subject to adherence to the Biodiversity Mitigation Plan certificate.

Tree Officer Consulted on the 02 July 2020, their comments 08 July 2020 are as follows;

No objections, subject to conditions.

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Dorset Education Authority Consulted on the 13 Mar 2019, their comments dated 09 April 2019 are as follows;

No objection, subject to securing financial contributions for primary and secondary schools.

Planning Obligations Manager Consulted on the 13 Mar 2019, their comments dated Mon 08 Apr 2019 are as follows;

No objection, subject to Education obligations being secured by s.106.

Dorset Police Architectural Liaison Officer Consulted on the 13 March 2019, their comments dated 21 March 2019 are as follows;

Recommendation that the security of the development meets the standards laid out in Secured by Design Homes 2019. This is the Police guidance on crime prevention and security in new developments and will assist with the sustainability of the development. www.securedbydesign.com

Housing Enabling TeamConsulted on the 13 Mar 2019, their comments dated Mon 08 Apr 2019 are as follows;

No objection, subject to 40% affordable housing being secured on site.

Principal Technical OfficerConsulted on the 13 Mar 2019, there was no response from this consultee at the time of report preparation.

Rights Of Way Consulted on the 13 Mar 2019, there was no response from this consultee at the time of report preparation.

NHSNo objection, subject to financial contributions.

North Dorset CPREConsulted on the 13 Mar 2019, their comments dated 30 September 2019 are as follows:

Objection for the following reasons;

- The level of housing applications in North Dorset being excessive

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- Difficult access, poor visibility and inaccurate traffic surveys - Unsustainable site poorly served by public transport - Inappropriate design- Pressure on Infrastructure- Area of Outstanding Natural Beauty - Serious risk of flooding

10.0 Representations

59 letters of representation were received, of which 5 offered comments which neither supported nor objected to the proposal, 54 objected to the proposal and 0 supported the proposal.

Neutral comments;

- The site is a better alternative to the Beehive storage site - details- Request for a higher percentage of affordable housing

Objections;

- Unsustainable location - Housing need not demonstrated - Development does not constitute a rural exception site - Contrary to the Child Okeford Village Design Statement (2007)- Inappropriate density- Out of Character- Loss of privacy- Noise impact, loss of tranquillity - Loss of biodiversity/hedgerows- Impact upon protected species - Surface water drainage issues - Localised parking issues - Highways safety concerns - Pedestrian safety concerns - Traffic surveys taken in school holidays and therefore inaccurate - Proposed pedestrian footpath requested is on third party land- Impact upon local infrastructure, particularly roads, the school and the GP

surgery- Limited local employment opportunities

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11.0 Relevant Policies

North Dorset Local Plan Part 1 (January 2016):

Policy 1 – Presumption in Favour of Sustainable DevelopmentPolicy 2 - Core Spatial StrategyPolicy 3 - Climate ChangePolicy 4 - The Natural EnvironmentPolicy 6 – Housing Distribution Policy 7 - Delivering HomesPolicy 8 - Affordable HousingPolicy 13 - Grey InfrastructurePolicy 14 - Social InfrastructurePolicy 15 - Green InfrastructurePolicy 20 - The CountrysidePolicy 23 - ParkingPolicy 24 – DesignPolicy 25 - Amenity

National Planning Policy Framework:

As far as this application is concerned the following sections of the NPPF are considered to be relevant

1. Introduction2. Achieving sustainable development4. Decision-making5. Delivering a sufficient supply of homes11. Making effective use of land12. Achieving well designed places14. Meeting the challenge of climate change, flooding and coastal change15. Conserving and enhancing the natural environment16. Conserving and enhancing the historic environment

Other Material Considerations:

North Dorset Landscape Character Assessment (as amended) (2008).

The site straddles two Landscape types; Clay Vale and Rolling Vales, although the majority of the site lies within the Rolling Vales Landscape Type, which is described as: - “An undulating transitional area between the low lying vales and the high Chalk, with clay and greens and landform becoming gradually more enclosed, folded and twisted nearer the escarpment to form a series of rolling foothills. There is an abrupt level change between this area and the steep sides of the escarpment but towards the vales, the land flattens out gradually. It is

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mainly a pastoral landscape with a few arable fields on flatter land interspersed between improved pasture and meadows. There are many small brooks, streams and damp flushes with numerous scattered hamlets and farms. The whole area has a tranquil, secluded and undeveloped character and feel to it”.

The overall management objective for the Rolling Vales Landscape Type should be to conserve and enhance the diverse pattern of trees and woodland, hedgerow and small scale fields, watercourses and narrow lanes. The conservation of the rural and tranquil nature of the area is also a key objective.

Child Okeford Village Design Statement (COVDS) SPD (2007)

- Part 3 The character of the landscape setting- Part 8 Guidelines for Future Building and Development - Part 10 Recommendations

12.0 Human rights (standard text)

Article 6 - Right to a fair trial.Article 8 - Right to respect for private and family life and home.The first protocol of Article 1 Protection of property

This Recommendation is based on adopted Development Plan policies, the application of which does not prejudice the Human Rights of the applicant or any third party.

13.0 Public Sector Equalities Duty

As set out in the Equalities Act 2010, all public bodies, in discharging their functions must have “due regard” to this duty. There are 3 main aims:-

Removing or minimising disadvantages suffered by people due to their protected characteristics

Taking steps to meet the needs of people with certain protected characteristics where these are different from the neds of other people

Encouraging people with certain protected characteristics to participate in public life or in other activities where participation is disproportionately low.

Whilst there is no absolute requirement to fully remove any disadvantage the Duty is to have “regard to” and remove OR minimise disadvantage and in considering the merits of this planning application the planning authority has taken into consideration the requirements of the PSED.

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14.0 S.106obligations/Financial benefits

Benefit QuantumAffordable housing 40% on site

Community leisure and indoor Sports facilities

£2006.97 per dwelling for any or all of the following;

a. Regeneration of the Child Okeford Community Centre

b. the Child Okeford Recreation Ground Improvement project

c. provision of and enhancement/replacement of the existing village hall and/or the refurbishment/extension of the sports pavilion

Formal outdoor sports £1,318.80 per dwellingFormal outdoor sports maintenance

£128.73 per dwelling

Informal outdoor space £2,152.80 per dwelling

Informal outdoor space maintenance

£1,278.80 per dwelling

Multi use games area £967.52 per dwelling

Destination play maintenance £359.36 per dwelling

Primary school £64,356 for improvements enhancements and/ or extensions to St Nicholas CE VA Primary School

Secondary school contributions £130,465.00 for improvements enhancements and/ or extensions Sturminster Newton High School

Local area of play (LAP) On site

Local equipped area of play (LEAP)

On site

Rights of way £10,000/resurfacing of newly dedicated

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footpath from Netmead Lane which is to the north of the Development and links in to the Bridleway N35/20 onto Hayward Lane near Green way.

Allotments 308 sqm of allotment land within the development & £308.16 per Dwelling towards provision of and upkeep of the allotment outside of the site.

Construction Jobs Provided for approximately 1-2 years

Council Tax Revenue Generated by up to 26 dwellings

New Homes Bonus

15.0 Planning Assessment

• Principle of development• Loss of agricultural Land • Affordable housing• Access and sustainable location• Design and landscape• Biodiversity• Amenity• Flooding and drainage• Infrastructure provision• The planning balance

Principle of DevelopmentPolicy 2 of NDDC local plan part 1 requires development to be located in accordance with the spatial strategy which directs development to the 4 main towns and larger villages. Child Okeford is identified as one of the 18 ‘larger villages’ as a focus for growth to meet local needs.

The site is located immediately adjacent of the settlement boundary. In policy terms the site is within the ‘countryside’ and development would normally be strictly controlled, unless it is required to enable essential rural needs to be met.

Policy 20 Countryside reiterates this and lists two criteria where development would be appropriate outside defined settlement boundaries, a) the type of development set out in local plan policies or b) there is an overriding need for it to be in the countryside.

Section 8 of the Child Okeford Village Design Statement provides guidelines for the ‘Setting and Structure for Future Building and Development’ and states that

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one of its main objectives is to concentrate development within Settlement Boundaries as identified in the Local Plan’s Proposals Maps. Under part 10 (recommendations) it states that the Village Settlement Boundary as it is presently defined should not be altered to include any more Greenfield sites and valuable agricultural land.

This proposal is therefore contrary to these polices as it is outside the settlement boundary for Child Okeford, not specifically for essential rural needs and there is no overriding need for it to be in the countryside.

Whilst the site lies outside of the settlement boundary, it nevertheless lies adjacent to it and close to existing residential properties. It represents an opportunity to ‘round off the settlement’. It is located within walking distance of a school, a church, a doctor’s surgery, two village pubs, a community hall and an adjacent primary school. The village is served by the bus service X10 which provides links to Sturminster Newtown (identified as one of the four main towns), a bus stop is located on Hayward Lane adjacent to the site. Whilst it is acknowledged that there are relatively limited local services, the site is also not considered to be isolated and overall can be considered a sustainable location.

The site was identified and included by North Dorset District Council in the 2012 Strategic Housing Land Availability Assessment (SHLAA), ref – 2/11/0/02. It states in the comments that the site has ‘potential to reflect the adjacent estate’ and that the site has longer term potential for an estimated 25 dwellings. Whilst this does not constitute planning policy, nor a formal site allocation, it does indicate the Councils view as to the potential acceptability of the principle of residential development, subject to appropriate detailed design.

The NPPF requires local authorities to identify and update annually a five year supply of specific deliverable housing sites. Currently Dorset Council is unable to demonstrate a five year housing land. In the area that was North Dorset DC, has only a 4.0yr housing land suppy.

Accordingly, Footnote 7 of the NPPF confirms that the relevant housing policies of the development plan should be considered out of date. Paragraph 11d) states that where the relevant policies are out of date, planning permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies of the Framework as a whole.

The Framework seeks to encourage residential development in sustainable locations. The proposed dwellings would be located within reasonable proximity to facilities and services, and contribute towards housing supply and choice, but also deliver some economic benefits to the local economy notably through short term construction.

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In this case, despite some conflict with local plan polices, when the appeal scheme is assessed against the policies in the Framework taken as a whole, there are no adverse impacts which would significantly and demonstrably outweigh the benefits derived from the proposal.

Loss of Agricultural Land The site is identified as Grade 2 agricultural land, defined as ‘the best and most versatile’. The land that would be lost as a result of the proposal is relatively small in the context of the area administered by the Council. Nevertheless it is a finite resource and its loss should be considered carefully. The following considerations are important in weighing its loss.

- The site does not form part of a larger farm, which could otherwise affect the viability of an existing agricultural enterprise.

- The site is currently used for small scale equestrian purposes and has not been used as agricultural land since 2017.

The loss of this land in the context of the provision of housing and social/economic benefits is considered to be acceptable. The proposed development is therefore acceptable in principle.

Affordable Housing and s.106 planning obligationsThe scheme will deliver a 40% policy compliant level of affordable housing. This would amount to the provision of 10 no. homes on site and 0.4 as an offsite financial contribution. The Housing Enabling Officer considers that by providing 40% affordable dwellings with a tenure split of 70/30 affordable rent/shared ownership this development would make a valuable contribution to meeting the affordable provision across the North Dorset area. Studies show that the need in North Dorset is largely for affordable rented or social rented housing and this high level of housing need is reflected by the current number of households registered on Dorset Home Choice as being in housing need which is over 960 households.

There would be a clause in the s.106 Agreement restricting the occupation of these affordable homes to a ‘local needs person’. This is defined as;

‘a person or persons in Housing Need (together with immediate family and dependents of such a person) who are registered on the Council’s Housing Register and have a Local Connection as confirmed in writing by the Council or in the case of Shared Ownership Units as confirmed in writing by the Approved Provider;’

The affordable element would be secured in perpetuity by a S106 agreement and should weigh favourably in the planning balance.

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The applicant has also agreed to make all of the requested contributions (set out in section 14 above) which also weigh favourably in the planning balance.

These will be secured by s.106 legal agreement and are considered necessary to make the development acceptable in planning terms, directly related to the development, and fairly and reasonably related in scale and kind to the development.

Access and highway safetyThe application is for outline planning and seeks consideration and permission for access only. The access is proposed on the Southern boundary of the site approximately 20m to the West of the St Nicholas Primary School entrance on Haywards Lane. The access is 6m wide and is afforded adequate visibility splays.

There is a proposed parking area provided to the East of the access providing 20 car parking spaces for school drop off and collections. This is a matter which weighs in favour of the proposal and can be considered a local highway benefit. The operation of this parking area will need to be maintained for the use of school drop off/pickups and a management details will be conditioned to ensure it remains free for use at appropriate times.

There is a proposed pedestrian crossing point which is provided off this car park area and provides passage to a tactile crossing point on the other side of the road and safe access into the village centre along well maintained pavements (approx. 700m). It has been confirmed that the land on which the crossing is located is wholly within public ownership and the highways department have no objections.

Policy compliant parking provision can be achieved on this site and cycle storage details will be secured by planning condition. The highways department have no objections to the proposals. Excerpts from their consultation response state that;

‘The submitted Transport Statement has been fully considered and the trip generation predictions contained within it are accepted as being appropriate and robust for both pedestrians and vehicles.’

‘The conclusion reached, which is accepted by the Highway Authority, is that the impact would be minimal and certainly not sufficient to warrant a refusal recommendation.’

‘the Highway Authority is of the opinion that there are no highway safety issues presented by the proposal that can be recognised to be "severe", when consideration is given to paragraph 109 of the National Planning Policy Framework (NPPF) - February 2019.’

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Design and LandscapeThe application is accompanied by a Design and Access Statement, a Landscape Appraisal, a Landscape Visual Impact Assessment (LVIA) and an illustrative site layout drawing.

Whilst the layout is merely illustrative at this stage, it provides assurance that there is sufficient space to ensure that the character and distinctiveness of the locality can be respected. The public open space provided around the feature Oak, the retained Walnut tree, the space for good sized gardens, the space between dwellings, the retention of the majority of established trees/hedgerows, and opportunity for further tree planting all serve to ensure the development will soften its impact successfully on the village edge and integrate the development into its surroundings.

The initial proposals for up to 32 dwellings were considered to be unacceptable owing to the density at 25dph, the suburban nature of the proposal and the impact upon the character of the local area.

The applicant was asked to reduce the density of the proposals and duly obliged by reducing the proposals to ‘up to’ 26 dwellings. The amendments made to the application were not publically advertised. The Parish Council raised objections on this matter. However there is no statutory duty for the local planning authority to undertake further consultation on amendments made after applications are submitted. It is up to the LPA to make a balanced judgement. It was considered that the changes would have reduced the impact of the development. It was clear that immediate neighbours were aware of the changes being made with several additional representations made regarding such changes. All representations have been taken into account in the formulation of this report and nobody has been deprived of the opportunity to make representations.

It is now considered that the proposed development can link well to the existing housing nearby in terms of scale, type and density and will have limited effect on the perception of the village as rural in character. The reduced density on the site at 20 dwellings per hectare (dph) is marginally above the existing densities in the vicinity, Chalwell 17 dph, Greenway 15 dph and Alan Close 12 dph.

However there is now a local and national policy requirement to make effective use of sites, especially in areas with a shortage of land for meeting identified housing needs. In fact the NPPF goes further than this and states that decisions should specifically avoid proposals built at low densities. Officers consider that an acceptable balance has been reached in this proposal which will respect the rural character and tranquil nature of the area whilst providing an appropriate quantum of market and affordable dwellings.

Although the site lies close to the AONB boundary (approx. 250m) there is very limited intervisibility between it and the AONB except for very long distance views

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from the top of Hambledon Hill. The view from Hambledon Hill will remain largely unchanged. The LVIA states that the only element of the proposed development that would be visible would be a slight increase in the number of roofs that are visible. This view would only be perceptible if using binoculars or a camera zoom to increase the view. The conclusion is that the magnitude of effect is low owing to the distance involved, the breadth of the view, and the presence of intervening properties and vegetation. Therefore this development would have a neutral impact upon the significance of Hambledon Hill, Scheduled Ancient Monument, and negligible impact upon the setting of the AONB .

HeritageThe site is not located within the Child Okeford Conservation area or its setting. The CA lies 300 to the East. There are no listed buildings adjacent or within its setting. The nearest listed building is a Grade II ‘Pilgrims Farm’ approximately 300m to the East along Station Road. There will therefore be no impact upon local heritage assets given the significant separation distances and lack of intervisibility.

Residential AmenityThe site is only visible from three adjacent residential dwellings. Wynchards on the corner of Haywards Lane and two properties, no’s 5 & 6 at the eastern end of Allen Close. Other properties that may have an oblique view of roofs include 13 & 14 Chalwell. The properties in Greenway are only single storey and therefore unlikely to have any oblique views.

There will be an inevitable change to the nature of the site, with increased vehicular movement and domestic noise and activity. However this is unlikely to adversely impact adjacent neighbours to the extent that would warrant the refusal of this application.

The amenity of adjacent residents would be protected by providing adequate space, respectful orientation between proposed and existing properties, and further tree/hedge planting on boundaries.

Flooding and drainageThe site is within flood zone 1 and therefore has a minimal risk of surface water flooding.

A detailed drainage assessment and layout has been submitted with the planning application. This has been scrutinised by the Councils drainage engineer and no subsequent objections have been raised.

BiodiversityExtended Phase 1 ecology surveys have taken place and a report submitted with the application. Further ecological surveys will be required prior to any works starting on site. The Dorset Natural Environment Team have been consulted and

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the application is accompanied by a Biodiversity Mitigation & Enhancement Plan and an approved and signed Biodiversity Mitigation Plan Certificate. This will ensure that the following mitigation measures take place;

- Further bat surveys- Minimised lighting on site- New hedgerow and hazel translocation to the Eastern boundary - Further native tree species and fruit tree planting - Public open space grassland- Oak & Walnut Tree retained and all other retained trees/hedgerows to

be protected during construction- Any clearance of hedgerows to only take place between September-

November to avoid the breeding bird season.- Two bird nesting boxes- One bat tube in each property- Hedgehog corridor- Wildflower lawn mix

In light of these mitigation and enhancement measures biodiversity and protected species will be adequately safeguarded.

16.0 ConclusionThere is conflict with the development plan, by reason of the effect of the proposal on the Council’s spatial strategy and location of the proposed development outside a settlement boundary.

However the authority cannot demonstrate a five year housing land supply and so the presumption in favour of sustainable development applies. In accordance with paragraph 11 d) of the Framework, as directed by Footnote 7, policies which are most important for determining the application are considered out-of-date, and subsequently planning permission should be granted unless any adverse impacts would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole.

Given this shortage of housing land supply the 'tilted balance' would apply. This is where the need to boost housing land supply is prioritised when weighing up the planning balance for proposals.

There will be substantial social and economic benefits and some minor environmental benefits weighing in favour of the proposal;

- Provision of upto 16 market and 10 affordable dwellings for local people in a location directly adjacent to a settlement boundary

- Short term construction jobs- Increased resident spending and support for local services- New homes bonus payments

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- Increased tree planting - Biodiversity enhancements

It is important to note that there are no adverse impacts which would significantly and demonstrably outweigh these benefits; there are no fundamental concerns with regard to the following topics;

- Loss of agricultural land- The setting of the AONB- Heritage assets- The character of the area- Residential amenity- Highways- Flood risk/Drainage- Trees/Hedgerows- Ecology/protected species

Therefore in this case there are no considerations of specific policies in the NPPF that weigh against the balance towards housing provision and officers recommend that the application should be approved without further delay.

17.0 RECOMMENDATION

Recommendation A: Delegate authority to Head of Planning to GRANT permission subject to a s.106 agreement to address:

- 40% affordable housing- Community leisure and indoor sports facilities- Primary school contribution- Secondary school contribution - Formal outdoor sports - Formal outdoor sports maintenance - Informal outdoor space - Informal outdoor space maintenance - Multi use games area - Destination Play maintenance - Local Area of Play (LAP)- Local Equipped Area of Play (LEAP)- Rights of Way contributions/enhancements - Allotments (onsite provision & maintenance)

and the conditions (and their reasons) listed at the end of the report.

Recommendation B; Refuse permission for failing to secure the obligations above if the agreement is not completed by (30 January 2021) or such extended time as agreed by the Head of Planning.

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CONDITIONS

1. Approval of the Reserved Matters (i.e. any matters in respect of which details have not been given in the application concerning the layout, scale or appearance of the building(s) to which this permission and the application relates, or to the means of access to the building(s), or the landscaping of the site) shall be obtained from the Local Planning Authority in writing before any development is commenced. Such development shall be carried out as approved. Reason: This condition is required to be imposed by Section 92 of the Town and Country Planning Act 1990 (as amended).

2. Application for the approval of any Reserved Matter must be made not later than the expiration of two years beginning with the date of this permission. Reason: This condition is required to be imposed by Section 92 of the Town and Country Planning Act 1990 (as amended).

3. The development hereby permitted shall be begun before the expiration of two years from the date of approval of the last of the reserved matters to be approved. Reason: This condition is required to be imposed by Section 92 of the Town and Country Planning Act, 1990.

4. The development hereby permitted shall be carried out strictly and only in accordance with the following approved drawings and details:

- Proposed Site Plan, ref – P004, dated 16.07.20.

Reason: For the avoidance of doubt and to clarify the permission.

5. No development must commence until details of the access, geometric highway layout, turning and parking areas have been submitted to and agreed in writing by the Planning Authority.Reason: To ensure the proper and appropriate development of the site.

6. Before the development is occupied the first 15.00 metres of the vehicle access, measured from the rear edge of the highway (excluding the vehicle crossing - see the Informative Note below), must be laid out and constructed to a specification submitted to and approved in writing by the Local Planning Authority.Reason: To ensure that a suitably surfaced and constructed access to the site is provided that prevents loose material being dragged and/or deposited onto the adjacent carriageway causing a safety hazard.

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7. There must be no gates hung so as to form obstruction to the vehicular access serving the site.Reason: To ensure the free and easy movement of vehicles through the access and to prevent any likely interruption to the free flow of traffic on the adjacent public highway.

8. The development hereby permitted must not be occupied until a scheme showing details of the proposed cycle parking facilities is submitted to the Planning Authority and approved in writing. The approved scheme must be maintained, kept free from obstruction and available for the purpose specified.Reason: To ensure the proper construction of the parking facilities and to encourage the use of sustainable transport modes.

9. Before the development hereby approved is occupied the visibility splay areas as shown on Drawing Number 152.0001.002 Rev C must be cleared/excavated to a level not exceeding 0.60 metres above the relative level of the adjacent carriageway. The splay areas must thereafter be maintained and kept free from all obstructions.Reason: To ensure that a vehicle can see or be seen when exiting the access.

10. Before the development hereby approved is occupied the following works must have been constructed to the specification of the Planning Authority:

o The provision of a 2m wide footway and associated tactile crossing provision on the western side of the vehicular access to St Nicholas C of E (VA) Primary School as shown on Dwg No 18083 Rev C (or similar scheme to be agreed in writing with the Planning Authority).

Reason: These specified works are seen as a pre-requisite for allowing the development to proceed, providing the necessary highway infrastructure improvements to mitigate the likely impact of the proposal.

11. Before the development hereby approved commences a Construction Traffic Management Plan (CTMP) must be submitted to and approved in writing by the Planning Authority. The CTMP must include:

o construction vehicle details (number, size, type and frequency of movement)

o a programme of construction works and anticipated deliverieso timings of deliveries so as to avoid, where possible, peak traffic

periodso a framework for managing abnormal loado contractors' arrangements (compound, storage, parking, turning,

surfacing and drainage)

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o wheel cleaning facilitieso vehicle cleaning facilitieso a scheme of appropriate signing of vehicle route to the siteo a route plan for all contractors and suppliers to be advised ono temporary traffic management measures where necessary

The development must be carried out strictly in accordance with the approved Construction Traffic Management Plan.

Reason: to minimise the likely impact of construction traffic on the surrounding highway network and prevent the possible deposit of loose material on the adjoining highway.

12. Prior to occupation of any dwelling hereby approved, a Travel Plan must be submitted to and agreed in writing by the local planning authority. The Travel Plan shall include:

o Details for the ongoing operation of the school pick up parking area; and

o Effective measures for the on-going monitoring of the school pick up/drop off parking area

The development hereby permitted shall be implemented in accordance with the agreed Travel Plan.

Reason: To ensure that the school drop off/pickup area is kept free for use at the appropriate times.

13. Prior to occupation of any dwelling hereby approved, details of the open space shall be submitted to and agreed in writing by the local planning authority for the provision of on-site public open space. The plan should include details relating to the design, laying out and future arrangements for management and maintenance of the open space. The open space shall then be implemented and maintained as agreed, unless otherwise agreed in writing with the local planning authority. Reason: To ensure the landscape scheme secured by reserved matters is implemented and satisfactorily maintained in the interests of the character and amenity of the completed development.

14. Prior to the commencement of the development hereby approved, an Arboricultural Method Statement (AMS), prepared by a qualified tree specialist, providing comprehensive details of construction works in relation to trees and hedgerows that have the potential to be affected by the development must be submitted to, and approved in writing by the Local Planning Authority. All works must then be carried out in accordance with the approved details. In particular, the method statement must include the following:

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a) a specification for protective fencing to trees and hedges during both demolition and construction phases which complies with BS5837 (2012) and a plan indicating the alignment of the protective fencing (to include tree situated on southern side of Haywards Lane, south of proposed tactile crossing);

b) a specification for scaffolding of building works and ground protection within the tree protection zones in accordance with BS5837 (2012);

c) a schedule of tree and hedge work conforming to BS3998 (2010); d) details for any necessary hedgerow replanting and/or translocation

on Haywards Lane behind the visibility splay (in the event that any further hedgerow is to be removed beyond that shown in Tree constraints Plan ref 18332-01 or the hedge is to be reduced to such a height that the Council considers mitigation necessary). This should also accord with any future soft landscaping proposals that are submitted for consideration;

e) details of the area for storage of materials, concrete mixing and any bonfires;

f) plans and particulars showing proposed cables, pipes and ducts above and below ground as well as the location of any soakaway or water or sewerage storage facility;

g) details of any no-dig specification for all works within the root protection area for retained trees:

h) details of the supervision to be carried out by the developers tree specialist;

Reason: This information is required to be submitted and agreed before any work starts on site to ensure that the trees and hedges deemed worthy of retention on-site will not be damaged prior to, or during the construction works.

15. Prior to occupation of any dwelling hereby approved, an external lighting strategy shall be submitted and agreed in writing by the local planning authority. The agreed strategy shall be implemented in accordance with the agreed details. Reason: In order to ensure that lighting is installed and maintained in a manner which will minimise possible light pollution to the night sky, neighbouring properties and protected species.

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16. No development shall take place until a definitive mitigation and method statement, following the recommendations of the submitted Biodiversity Mitigation Plan (dated 12 February 2019) has been submitted to and agreed in writing by the local planning authority. The development shall be implemented in accordance with the agreed statement. Reason: To ensure that the development conserves and enhance biodiversity and protected species.

17. No development shall take place until a detailed surface water management scheme for the site, which accords with the approved Drainage Strategy (Land at Haywards Lane Child Okeford, Dorset – PaulBasham Assoc. – Rev 4 (15/10/2019) – Ref No: 152.5001/FRA/4), approved addendum (Land at Haywards Lane, Child Okeford - PBA - May 2020 - Ref No: 152.5001/FRAA/1), is based upon the hydrological and hydrogeological context of the development, and includes clarification of how surface water is to be managed during construction, has been submitted to, and approved in writing by the local planning authority. The surface water scheme shall be fully implemented in accordance with the submitted details before the development is completed.Reason: To prevent the increased risk of flooding, to improve and protect water quality, and to improve habitat and amenity.

18. No development shall take place until details of maintenance & management of both the surface water sustainable drainage scheme and any receiving system have been submitted to and approved in writing by the local planning authority. The scheme shall be implemented and thereafter managed and maintained in accordance with the approved details. These should include a plan for the lifetime of the development, the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the surface water drainage scheme throughout its lifetime. Reason: To ensure future maintenance of the surface water drainage system, and to prevent the increased risk of flooding.


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